Keg Party/Serving Minors

[tg55]

My daughter goes to college in New York State and leases an off campus apartment. She and her roommates are all of legal drinking age, 21 or older. They, along with the occupants from the apartment upstairs held a keg party. Apparently they charged $3 per cup in an effort to recoup the cost of the keg. As you've guessed, the police show up and find 5-6 underage kids and breathlyzed them. They of course confiscated the keg. One of the guys that lives upstairs admitted that he bought the keg when asked. The police left after taking down all id info.

Next day, they called the guy who purchased the keg down to their offices and he gave a statement admitting to purchasing the keg and stating that only friends 21 or over were invited.

They will be asking my daughter and the other roommates to come in to give statements as well. I am torn between hiring an attorney to help us or have her go give the statement and hope for the best as they did screw up. Anyone have any advice? Part of me feels that hiring an attorney might just antagonize the police but the other part of me feels that while they are guilty, an attorney can maybe do some damage control.

 

[Isis1]

My daughter goes to college in New York State and leases an off campus apartment. She and her roommates are all of legal drinking age, 21 or older. They, along with the occupants from the apartment upstairs held a keg party. Apparently they charged $3 per cup in an effort to recoup the cost of the keg. As you've guessed, the police show up and find 5-6 underage kids and breathlyzed them. They of course confiscated the keg. One of the guys that lives upstairs admitted that he bought the keg when asked. The police left after taking down all id info.

Next day, they called the guy who purchased the keg down to their offices and he gave a statement admitting to purchasing the keg and stating that only friends 21 or over were invited.

They will be asking my daughter and the other roommates to come in to give statements as well. I am torn between hiring an attorney to help us or have her go give the statement and hope for the best as they did screw up. Anyone have any advice? Part of me feels that hiring an attorney might just antagonize the police but the other part of me feels that while they are guilty, an attorney can maybe do some damage control.

i'm going to be honest. your daughter should get her own attorney. an attorney is always best. if you should hire one for her, make sure she pays you back.....

 

[tg55]

Thanks...believe me she will pay for any costs and by the way, her least worry is what charges she might face...she's got me to deal with when she comes home. Looking now for an attorney in the area to help us.

 

[Isis1]

Thanks...believe me she will pay for any costs and by the way, her least worry is what charges she might face...she's got me to deal with when she comes home. Looking now for an attorney in the area to help us.

try looking for one that does bundled services. will keep the costs down low. you really only want a legal "escort" so to speak. no paperwork will need to be done, really. the attorney will pretty much just supervise the question, nod head to answer the question truthfully, and/or interfere when needed.

 

[swalsh411]

How about option 3. Refuse to give a statement but hold off on hiring an attorney until it looks like they will try to pin something on her. I can't fathom what an attorney could do for her at this point except advise her not to talk to the police. The ball is in their court.

 

[tg55]

That's an option for sure. As I understand it, she is not obligated to provide a statement. Not sure there is a right or wrong answer here...anyone have an opinion on not giving a statement? Will that only serve to antagonize the police and make them be more aggressive with her? They have a pretty tight case now...she was physically there, her names on the lease, they confiscated a keg from her apartment and tested several underage (20 year olds) in the house. They can probably charge her now with or without a statement. So now the question is, give them a statement or not?

 

[swalsh411]

A person is rarely if ever going to find themselves in more trouble by not talking to the police. On the other hand, people often get themselves in a lot more hot water by thinking they will be able to talk their way out it. The police have training and experience on how to get people to admit to things. They have the absolute advantage. Your daughter should politely but firmly refuse to any answer questions or make any statements.

 

[Mass_Shyster]

I think you should immediately talk to a lawyer. Although the likelihood of talking her way out of the problem seems remote, refusing to speak to the police may provoke an arrest that will forever show up on her criminal record.

If there's a way to keep her from being arrested, an attorney would know.